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Direct Examination of Expert Witnesses at Trial

SKU: TRN2700
General Credits
1.5
Price$75
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Description

As the Supreme Court has noted, “expert evidence can be both powerful and quite misleading because of the difficulty in evaluating it.” Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 595 (1993). “Indeed, no other kind of witness is free to opine about a complicated matter without any firsthand knowledge of the facts in the case, and based upon otherwise inadmissible hearsay[.]” United States v. Frazier, 387 F.3d 1244, 1260 (11th Cir. 2004).

Harnessing expert testimony to make it “powerful” rather than “misleading” requires a thorough understanding of the procedural and evidentiary foundations for its use at trial, and an appreciation for how modern jurors either accept or reject that testimony in the courtroom.

This CLE course will cover preparing your expert witness for trial and cross-examination, qualifying a witness as an expert under Federal Rule of Evidence 702 and its analogous state counterparts, laying the foundation for the expert’s conclusions, eliciting opinion testimony in an understandable manner, and using experts to teach the jury, even if they will not opine on an ultimate issue at trial.

Lecturer Bio

Kieran Murphy, Esq.

Kieran Murphy is a partner and trial attorney at Bertram & Murphy with a practice focused on representing victims of birth injuries, neonatal injuries, and catastrophic medical malpractice. Kieran is licensed and admitted to practice law in the District of Columbia, Maryland, Pennsylvania, the U.S. District Court for the District of Maryland, and the U.S. District Court for the Northern District of Illinois. He has also been admitted to practice pro hac vice in Illinois and Georgia as well.

Kieran has been selected by his peers as a Super Lawyers Rising Star for his litigation skills and trial practice and as one of the National Trial Lawyers’ “Top 40 Under 40” trial attorneys. He is the youngest medical malpractice trial lawyer to ever be named to The Maryland Daily Record’s Medical Malpractice & Personal Injury Power List, which identifies the 25 “most influential figures in law” each year. Throughout his career, Kieran has been asked by judges and fellow attorneys to consult and present on issues related to the rules of civil procedure and the rules of evidence. His presentations and writing focus on the presentation and admissibility of evidence at trial, the intricacies of expert testimony under Daubert and Federal Rule of Evidence 702 and its analogous state counterparts, and the discovery and use of digital and electronic evidence during litigation.

Before working in private practice, Kieran also served as the judicial law clerk to the Honorable Judge John P. Davey in the Circuit Court for Prince George’s County, where he regularly conducted legal research on issues related to medical malpractice litigation, civil procedure, and the rules of evidence. During his clerkship, Kieran regularly observed court proceedings, including jury trials, bench trials, and motions hearings. He is intimately familiar with courtroom practice and procedure.

Kieran is a graduate of the University of Baltimore’s School of Law, where he graduated magna cum laude. While in law school, Kieran participated in the Community Development Clinic, where he represented non-profit organizations and small businesses. For his work in the Community Development Clinic, Kieran was given the Clinical Excellence Award, which is awarded for excellence in advocacy and professional judgment in clinical work. This honor is awarded to only two students out of the over two hundred who participate in clinical programs every year. During his time in law school, Kieran also served as the Editor-in-Chief of the Journal of Land and Development, an academic journal.

National Academy of Continuing Legal Education is a sponsor of CLE activities approved by the Supreme Court of Wisconsin Board of Bar Examiners. All courses offered by the National Academy of Continuing Legal Education have been directly approved by the Board of Bar Examiners (BBE). To view our full accreditation details, please click here.


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